OAR 410-172-0774: Temporary rule language in effect until 02/15/2027. State Plan Personal Care Program: Purpose and Scope

(1) The State Plan Personal Care (SPPC) program provides state plan personal care services support to individuals in accordance with the State Medicaid Plan. The SPPC program is intended to enhance an individual’s independence, empowerment, dignity and human potential through the provision of flexible, efficient and suitable personal care services to eligible adults and children. The SPPC program is not intended to replace an individual's own personal abilities or natural and other supports. (2) The rules applicable to the SPPC program are set out in OARs 410-172-0774 through 410-172-0845. (3) There are two types of providers authorized to provide services directly to individuals who have been approved to receive services through the SPPC program: (a) Direct support worker (DSW), who is employed by an Agency with Choice (AWC) and is defined in 410-172-0776. (b) Personal care attendant (PCA) who is not employed by an Agency with Choice (AWC) as defined in OAR 410-172-0776. (c) Unless a rule or a specific section in a rule expressly states that the rule or section applies to one type of authorized provider only, the rule or section must be interpreted to apply to both DSWs and PCAs. (4) When a provision in OARs 410-172-0600, 410-172-0774 through 410-172-0845 references another rule in a different OAR chapter and division or in a different division within OAR chapter 410, the rule that must be given effect is the version that is or was in effect as of August 10, 2026. (5) These rules are not intended to conflict with or supersede any applicable collective bargaining agreement governing homecare workers, personal support workers, or personal care attendants. In the event of a conflict, applicable state or federal law and the terms of the collective bargaining agreement shall control.